Answer

Generally, a private, non-profit entity is not subject to the Open Meetings Law. However, there are instances, in certain limited circumstances, when a private non-profit entity is a public body for purposes of the Open Meetings Law. Non-profit, private entities created by or on behalf of political subdivisions may be subject to the Open Meetings Law pursuant to R.S. 12:202.1. Other private, non-profit entities may be subject to the Open Meetings Law based on the nature and character of their activities. The Attorney General, in AG Op. No. 13-0043, states: "Jurisprudence has made it clear that the mere fact that an entity is a private non-profit does not mean that it can never be a public body for purposes of the Open Meetings Law, nor does the fact that an entity receives public money mean that it is a public body for purposes of the Open Meetings Law". In that same opinion, the Attorney General states that the factors considered when determining whether a private non-profit entity is subject to the Open Meetings Law are as follows: “(1) whether the entity performs a government function or performs a function which, by law, is entrusted to other public bodies; (2) whether the entity is funded by public money; and (3) whether the entity exercises policy-making, advisory, and administrative functions." The determination of whether a private, non-profit entity is a public body for the purpose of the Open Meetings Law is a fact specific question that must be answered on a case-by-case basis. See also, AG Op. No. 14-0169. A non-profit entity that receives public funds should review these two AG opinions with their attorney to make the determination as to whether it is subject to the Open Meetings Law. Louisiana Legislative Auditor website: 04/05/2026 05:18:51 AM